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Jazzy J · Jan 15, 2009, 01:46 PM

My daughter is 3 and me and her father have been on and off for 4 yrs... long story short recently (last yr) we had a mediation that ended with shared custody. I have her 3 !/2 days and same with him. I covered certain things and he covered others.

I stuck to my side of the agreement he would not and I even had her most of the time (if not all and covered all his costs) . Even helped him out at times of need... result we argued again over stupid issues and I let him take her for her birthday since he took the day off... and he has had her since and barely answers a text message and that was not an agreed situation. I leave it alone for right due to a LOT of drama (not little basic drama serious issues) that has gone on in between and can't take it no more I want everything said in stone through a judge.

Now my questions are ~ 1. since I have not involved police or court since October is this considered abondonment? 2. is there ANY chance of me winning full custody? 3. If no to my 2nd question would I at least have a right to set visitation? 4. What happens if he is out of state?

stevetcg · Jan 15, 2009, 01:52 PM

1) no, its not.
2) well, if there is a court order and he won't return your child it is kidnapping and yeah, when he goes to prison, you will get full custody.
3) n/a
4) They drag him back into state

cdad · Jan 15, 2009, 05:34 PM

Originally Posted by Jazzy J

My daughter is 3 and me and her father have been on and off for 4 yrs....long story short recently (last yr) we had a mediation that ended with shared custody. I have her 3 !/2 days and same with him. I covered certain things and he covered others.

I stuck to my side of the agreement he would not and i even had her most of the time (if not all and covered all his costs) . Even helped him out at times of need .... end result we argued again over stupid issues and i let him take her for her bday since he took the day off....and he has had her since and barely answers a txt msg and that was not an agreed situation. I leave it alone for right due to a LOT of drama (not little basic drama serious issues) that has gone on in between and can't take it no more i want everything said in stone through a judge.

Now my questions are ~ 1. since i have not involved police or court since October is this considered abondonment? 2. is there ANY chance of me winning full custody? 3. If no to my 2nd question would I at least have a right to set visitation? 4. What happens if he is outta state?

1) Does he still have the child ? ( since Oct 08 ). If your custody order says different then this shouldn't be going on and your waiting looks bad to the courts.

2) Right now there doesn't appear to be a " good " chance of you getting full custody and you might be losing custody if you don't act quickly in this matter.

3) No the judge would order custody on some level unless your given the power by order of the court your not the one that sets visitation.

4) So long as your in the original state where the order came from then that's who holds jurisdiction at this time. In other words you go back to the original court that currently holds the order and made the original decisions. Why is he out of state ?